Council wants it quiet

Published 6:00 pm, Monday, December 29, 2003

The proposed ordinance is in response to Magnolia residents' continued complaints concerning noise and light pollution from businesses near to their properties, Magnolia Mayor Frank Parker said.

By Brian Walzel

The Magnolia City Council is considering an ordinance that would require businesses to construct a buffering wall between their property and any residential area to which they may be adjacent.

The proposed ordinance is in response to Magnolia residents' continued complaints concerning noise and light pollution from businesses near to their properties, Magnolia Mayor Frank Parker said.

The ordinance would require both new and pre-existing businesses to construct the barrier.

If the ordinance passes, it would be the responsibility of the business to build the wall.

Charles Abney, owner of Magnolia Hardware and Supplies, believes installing a wall is a good idea. "If I had a home in a subdivision that backed up against a commercial property line, I sure wouldn't want a machine shop going up," he said.

Abney, who's store sits approximately 200 yards from an apartment complex, says his business has not received any complaints of noise but adds he is aware of several complaints from Magnolia residents in other areas of the city.

It is hoped that such walls would block out from an abutting residence any sound deemed a nuisance. Some businesses have begun to comply and have constructed their own barrier walls, but Abney remains skeptical.

"Some of these barrier walls look like trash," he said. Abney would like to see a uniform policy that clearly states what would be considered a satisfactory barrier.

The ordinance states that the barrier must be made of a solid material such as concrete, brick or wood. The maintenance of the barrier would be the responsibility of the business owner.

The dimensions of the wall could vary depending on the size of the establishment, but must at least reach a height of 8 feet and length of 14 feet, however, the dimensions could be altered depending on the final draft. The ordinance also states that any new business planning to build in Magnolia would have to first submit plans for the wall before a building permit is issued by the city. However, a wall need not be put in place while any type of site preparation such as dirt removal, is in process.

A temporary wall would then need to be erected prior to construction of the actual commercial building. What constitutes a "temporary" wall is still up to debate among the Council.

Parker admitted that the ordinance has chased a few potential businesses away. However, he said that most of them are backyard-type businesses who choose not to pursue commercial development rather than take on the cost of building the wall. Still, many have continued with their plans to open up businesses despite the requirements, Parker explained.

Abney believes new businesses should expect to deal with requirements such as these when opening in a city.

"Anybody that is putting a business in city limits has to expect certain regulations," he said.

"We're just trying to strike a balance between commercial industry and the residents," Parker said.

Abney thinks when it comes to installing a barrier, the type and size of the wall should depend on the business. He says he, as a resident, wouldn't necessarily be bothered by the noise produced from a business such as a clothing store. The ordinance does address the situation in what it deems a non-noise producing establishment.

This would be considered an establishment in which the noise produced by the business not exceed the decibel level produced by a typical residential property. For example, a flower shop would be a low noise-producing establishment while a machine shop could possibly be deemed a "nuisance."

Any business that violates the ordinance would be subject to a fine of up to $2,000 for each day of non-compliance.

The ordinance passed upon first reading at the city council meeting on Dec. 9.

Parker said the terms of the final draft ordinance are still under discussion and that the picture should become clearer in the coming months.